A controversial judgment made in the Court of Appeal could now pave the way for airlines to introduce a 'fat tax' penalising overweight passengers who wish to fly abroad.
The ruling could effectively prevent an overweight passenger from claiming compensation if they receive unsatisfactory or inconsistent service from an airline during a flight.
The Court of Appeal case concerned the application of the UK's advanced disability and discrimination laws which would normally see compensation awarded in cases where passengers could prove that they had suffered poor service due to a disability.
The case was brought by two wheelchair users, who sued airlines they had flown with because they had been told they were not allowed to sit next to their carers during their flight. The restriction imposed by the airline led to embarrassing incidents on board the flight, and prompted the wheelchair users to instigate legal action.
However, ruling in the case, the Court of Appeal dismissed both cases, after deciding that the Montreal Convention on rules and regulations for air travel took precedence over national disability and discrimination law during air travel.
"This ruling gives airlines laissez-faire to disregard seat allocation promises made before the flight," said Daniel Barnett, a barrister at the Outer Temple Chambers.
"The ruling confirms that disabled passengers have no right to dignity once the wheels leave the runway," he added.
"It also means that airlines are immune if they choose to embarrass overweight passengers by demanding a 'fat tax'."
The introduction of a so-called 'fat tax' has been mooted by budget airline Ryanair previously, after one third of passengers they surveyed said they would support the move.
Such a tax is already effectively in place on many airlines, who insist that passengers must buy a second seat if they cannot comfortably fit into one.
Related links:
Read more on the story (The Telegraph)
What you can do about disability discrimination (FindLaw)
Find local discrimination solicitors throughout the UK (FindLaw)
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